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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 18, 2014, the Plaintiff filed a lawsuit claiming the price of goods against the construction of Chowon Co., Ltd. (formerly changing the trade name into "Yjin Construction Co., Ltd."; hereinafter referred to as "Seowon Construction") and was sentenced in favor of the said court on June 18, 2014 to the effect that "10,718,541 won and delay damages therefor are paid to the Plaintiff," and the said judgment became final and conclusive on July 4, 2014.
B. On December 2, 2013, the Plaintiff filed an application for provisional attachment against the obligor for a provisional attachment of KRW 100,718,541, out of the construction cost claim against the Defendant of Chowon Construction by the Incheon District Court Branch Branch Office 2013Kahap863, and the third obligor was issued a provisional attachment order by the above court on December 5, 2013 (hereinafter “instant provisional attachment order”). The instant provisional attachment order was served on the Defendant, the garnishee, on December 9, 2013.
C. On June 30, 2014, based on the foregoing judgment, the Plaintiff transferred the provisional attachment of KRW 108,698,760 to the Defendant of the Incheon District Court’s Branch Branch of 2014TTTTT 2014, which was based on the provisional attachment of KRW 108,698,760, and at the same time applied for the attachment and collection order of the remainder of the damages for delay, which additionally seizes KRW 7,980,219. On July 2, 2014, the said court accepted the above application and issued the seizure and collection order of the claim (hereinafter “instant collection order”). The instant collection order was served on the Defendant on July 7, 2014.
On the other hand, on November 12, 2013, the Chowon Construction transferred KRW 110,000,000,000 of the contract price claim against the Defendant to Sung UPS Co., Ltd. (hereinafter “SS”) (hereinafter “instant assignment of claim”).
E. As to the collection order of this case, the Defendant rejected the payment of the collection amount against the Plaintiff by asserting that there was no obligation against the Chowon Construction.
[Ground of recognition] There is no dispute.